Former Alabama governor faces more than 10 years

Posted: Thursday, June 28, 2007

MONTGOMERY, Ala. - A federal judge adopted sentencing guidelines Wednesday that could send former Alabama Gov. Don Siegelman to prison for more than 10 years and former HealthSouth CEO Richard Scrushy for more than eight years.

After hearing attorneys for Siegelman and Scrushy object to findings in a sentencing report filed by federal probation officers, U.S. District Judge Mark Fuller issued his findings on a sentence range for the defendants, convicted on bribery and other federal charges.

He found that the range for Siegelman was from 121 months to 151 months, with a fine range from $17,500 to $175,000. The prison sentence range for Scrushy was from 97 months to 121 months and the fine range from $15,000 to $150,000.

Fuller does not have to follow the guidelines and can give final sentences that are harsher or more lenient.

Leaving the courthouse Wednesday evening, Scrushy and Siegelman said they were still optimistic the judge would show leniency despite the guidelines.

"We're going to pray this will be over with someday and we will be exonerated," Scrushy said. "The truth has not been told in this court. We're praying God will reveal it all."

Siegelman was asked if he was pleased that the judge's guideline was lower than the 30-year sentence recommended by prosecutors.

"That's like asking me if I'm pleased gas prices are lower than $3. I'm pleased that the judge has been open-minded," Siegelman said.

In making his findings, Fuller ruled that his decision was influenced by a determination that both Siegelman and Scrushy had failed to take responsibility for their crimes.

Federal prosecutors argued earlier Wednesday that Siegelman and Scrushy should get stiff sentences because they have not admitted guilt after being convicted in a government corruption trial.

But defense attorneys said Siegelman and Scrushy have only exercised their constitutional right to proclaim their innocence and should not have to admit guilt when they don't believe they committed any crime.

As the sentencing hearing entered its second day, prosecutor Richard Pilger argued that Fuller should consider the lack of remorse by both Siegelman and Scrushy when he considers sentences. Prosecutors have asked that Siegelman, 61, be sentenced to 30 years in prison and fined $1 million, and Scrushy, 54, get 25 years and a $7.2 million fine.

Defense attorneys have urged Fuller to order probation.

After Fuller ruled on the sentencing guidelines, Siegelman's attorneys called a series of high-profile witnesses to ask the judge to show the former governor leniency.

"He's gentle. He's honest. He's kind. He has a quality of goodness and decency," said former New York state Attorney General Robert Abrams, who said he and Siegelman have been close friends since Siegelman was Alabama attorney general in the 1980s.